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  1. #1
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    Apr 2013
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    Default Can You Sue a Repair Shop if a Part They Installed Fails

    My question involves a consumer law issue in the State of: Michigan
    I have a 2005 Dodge Magnum R/T that I purchased on 09/09/2012 and my thermostat went out on 02/03/2013. I took it to a local repair shop and they said they replaced it. They did not show me the old part. On 3/14/2013 my engine light comes on and my car cuts off. I pull over check everything try to start and my engine blows. I take it to a dodge dealer they say the therostat was broken and cause the engine to overheat and fail. Can I sue the repair shop for the cost of my engine?

  2. #2
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    Default Re: Can I Sue a Auto Repair Shop for a Part They Repaired Failing Again

    did the shop install the part wrong?

  3. #3
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    Apr 2013
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    Default Re: Can I Sue a Auto Repair Shop for a Part They Repaired Failing Again

    Either they installed it wrong or never installed a new thermostat.

  4. #4
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    Default Re: Can I Sue a Auto Repair Shop for a Part They Repaired Failing Again

    what did the dealer mechanic say when you told them you had just had the thermostat replaced?

  5. #5
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    Default Re: Can I Sue a Auto Repair Shop for a Part They Repaired Failing Again

    Quote Quoting Lehk
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    what did the dealer mechanic say when you told them you had just had the thermostat replaced?
    Probably that it was not the thermostat going wrong that caused the engine to blow, it was the driver that kept operating an overheated engine, that caused it.

  6. #6
    Join Date
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    Default Re: Can You Sue a Repair Shop if a Part They Installed Fails

    Quote Quoting Mjenki12
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    My question involves a consumer law issue in the State of: Michigan
    I have a 2005 Dodge Magnum R/T that I purchased on 09/09/2012 and my thermostat went out on 02/03/2013. I took it to a local repair shop and they said they replaced it. They did not show me the old part. On 3/14/2013 my engine light comes on and my car cuts off. I pull over check everything try to start and my engine blows. I take it to a dodge dealer they say the therostat was broken and cause the engine to overheat and fail. Can I sue the repair shop for the cost of my engine?
    did you request the old part from the garage?


    is the dealership willing to testify that the t-stat they found was an old thermostat or a broken new one?


    engines don't just "blow" when overheating. You have to continue to run the vehicle after it overheats to cause damage. The warnings are such that there should be no damage if the warning is addressed immediately.

    It's odd that your thermostat "went out" on 2-03 and was worked on. Then, over a month later it overheats again and then there is damage. What makes you think if the thermostat was malfunctioning on 2-03 that it would magically work for over a month before giving you a problem.



    while you might be able to claim damages from the garage, there are a lot of questions between here and there; A lot of tough questions and some high hurdles to overcome.

  7. #7
    Join Date
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    Default Re: Can You Sue a Repair Shop if a Part They Installed Fails

    Quote Quoting jk
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    did you request the old part from the garage?


    is the dealership willing to testify that the t-stat they found was an old thermostat or a broken new one?


    engines don't just "blow" when overheating. You have to continue to run the vehicle after it overheats to cause damage. The warnings are such that there should be no damage if the warning is addressed immediately.

    It's odd that your thermostat "went out" on 2-03 and was worked on. Then, over a month later it overheats again and then there is damage. What makes you think if the thermostat was malfunctioning on 2-03 that it would magically work for over a month before giving you a problem.



    while you might be able to claim damages from the garage, there are a lot of questions between here and there; A lot of tough questions and some high hurdles to overcome.
    I agree with u. Examples of tough questions include, but not limited to:

    When did u take your car into the repair shop?
    Were u presented a "contract" (receipt, bill, estimate, etc.) of the cost of the thermostat replacement?
    How long did it take the mechanic to do the work?
    How much did the repair cost (parts and labor)?
    How did the engine fail (lean seizure, threw-a-rod seizure, piston-to-cylinder seizure, etc)?
    Why didn't u stop the car when it overheated?

  8. #8
    Join Date
    Jan 2010
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    New Jersey
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    Default Re: Can You Sue a Repair Shop if a Part They Installed Fails

    Quote Quoting Mjenki12
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    my thermostat went out on 02/03/2013. I took it to a local repair shop and they said they replaced it.
    Did the repair shop supply the thermostat, or did you supply it?
    Did you retain a receipt for the part and service that was performed?
    Was there a warranty/guarantee on service?

    Stant is a leading supplier of vehicle thermostats, I have copied and pasted the warranty procedure for Stant below. It looks like the only thing owned to you from the supplier would be the thermostat if indeed the thermostat had failed.

    Limited Lifetime Warranty

    Stant Corporation warrants qualifying Stant products against all defects when used on private passenger cars and light trucks under normal operating conditions for as long as such original purchaser owns the vehicle on which they were originally installed.

    Stant Corporations’ obligation under this warranty is limited to replacement of the defective product in accordance with this warranty. Cost of removal and installation are not included, and any incidental and consequential damages are excluded under this warranty. This warranty has no cash value. This warranty does not apply to products which have been modified, improperly applied or installed on vehicles used for commercial or racing purposes.

    Quote Quoting Mjenki12
    View Post
    They did not show me the old part.
    There is no law about supplying an old part that was removed for visual inspection unless you specifically ask the repair shop to hold that part so you could inspect it before making payment.

    Quote Quoting Mjenki12
    View Post
    On 3/14/2013 my engine light comes on and my car cuts off.
    How many miles have you placed on the vehicle in the 35 days that you had the vehicle out of the repair shop?

    Do you have the receipt or work order that the repair shop had given you when the repair work was completed?

    Have you saved the thermostat that the dealer had said was "broken"?

    Quote Quoting Mjenki12
    View Post
    I pull over check everything try to start and my engine blows.
    Motors just don't blow by overheating. Overheating multiple times will warp heads and blow head gaskets, but not blow the motor completely.

    How many times had the vehicle overheated in that 35 day window?

    How was the oil level in the motor and do you have receipts for oil and filter changes and there intervals?

    Quote Quoting Mjenki12
    View Post
    I take it to a dodge dealer they say the therostat was broken and cause the engine to overheat and fail.
    Was the thermostat "broken" or installed wrong?

    Quote Quoting Mjenki12
    View Post
    Can I sue the repair shop for the cost of my engine?
    If you can prove that the repair shop installed the thermostat the wrong way you may have a claim against them, but most likely, no you won't be able to successively sue anyone.

  9. #9
    Join Date
    Jan 2006
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    Default Re: Can You Sue a Repair Shop if a Part They Installed Fails

    Actually, in Michigan there is a specific law concerning the old parts. The have to offer to return then with a refusal indicated on either the estimate (also required by law) or the final receipt they were refused.

  10. #10
    Join Date
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    Default Re: Can You Sue a Repair Shop if a Part They Installed Fails

    Quote Quoting gmdahootersman
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    I agree with u. Examples of tough questions include, but not limited to:
    You would do yourself and the rest of us a favor if you would write in standard English. We're not texting.

    - - - Updated - - -

    Quote Quoting jk
    View Post
    Actually, in Michigan there is a specific law concerning the old parts. The have to offer to return then with a refusal indicated on either the estimate (also required by law) or the final receipt they were refused.
    To add some detail... the customer should be given notice of the right to receive the return of parts both in the contract they sign the contract for service and on a sign at the repair facility. (MCL 257.1333; more details here).

    I don't expect that it would be particularly difficult to distinguish an eight-year-old OEM thermostat from a month-old replacement.

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